Criminal Law Regulating Data Crime In The Era Of Big Data

The era of big data has arrived.With the founding of New China,the old China has stepped into modernization.Since the reform and opening up 30 years ago,cloud computing is also the latest storage technology in the era of big data,which has changed the way of storage in the past.People create science and technology,technology also reacts to change people's way of life,through the impact of people's work,life and entertainment has further changed people's thinking.In the era of large data,we face a variety of challenges,including hardware challenges,such as the rapid growth of data requires a large amount of storage space,the need to develop a new generation of high-density storage devices;this paper discusses the challenges of data security and privacy leakage,in the huge data exchange,large data In-depth analysis and mining of user's data using various software platforms in the environment,user's own behavior and preferences,business secrets of enterprises and personal privacy of users are at risk of infringement,as well as the challenges of network bandwidth and data processing capabilities,which can be achieved by increasing data computing capabilities and other technologies.Means to solve.Since the reform and opening-up,China's comprehensive national strength has developed by leaps and bounds across the times.The ancient Chinese nation has once again stood at the forefront of the times.Now it is the era of big data.If we can meet the opportunities and challenges,we can control this rapidly changing trend.If we can not keep pace with the times and make corresponding changes in time Change is also facing great risks.The law itself and the legal profession itself are also changing in the era of big data.Various data resource websites,judgment documents websites,analysis platforms,and ways of seeking judicial services have also increased network communication from thetraditional form of dialogue in the past.The speed of information conversion in the era of big data makes the freshness of hot spots calculated in hours.The amount of data information is very huge.If these data can be used legally and reasonably,we can get huge economic value.The problem is how to get and use the data.Therefore,we expect that the data can operate under the legal framework for the adjustment and protection of its value.To a large extent,the network has got rid of its tool attributes,and began to restrain or even shape the relationship network and organizational form of human society.The era of big data is a new form of social development accompanied by the maturity of various scientific and technological achievements.It is based on cloud computing and large databases.It realizes the collection,storage,utilization and analysis of huge data,and analyzes,infers and predicts the correlation among data,which can be used in various aspects of social life.A corner.The characteristics of large data aggregation make the operation process based on big data possess value attributes.Therefore,the process of information generation based on large data is easy to be infringed.Cyber crime has been produced and spread rapidly in China.It will certainly affect the booming economy of our country,especially the Internet economy in China has ranked in the forefront of the world,and the utilization rate and popularity of the citizens covered by the Internet economy are also unique.As a result,the growth of cyber crime will also affect social harmony and stability.Therefore,in the era of big data,in the process of criminal law implementation,we should protect both big data and data itself.Data security is essentially information security.There is a legislative gap about data crime in the current criminal law system.Although there are several branches of computer information criminal law,its content does not meet the current rapid development of social needs,criminal law theory is facing an embarrassing situation: "Compared with the emergence of new network crime,the response of criminal law theory is soft." Weak." In judicial practice,we only pay attention to the difference between the network as a virtual space and the real world in its spatial characteristics,but do not pay enough attention to the understanding and protection of the value of large data itself,so it is difficult to deal with such cases in practice.In the era of big data,data crime has two different methods of criminal law regulation.The first is to continue the existing mode of property rights protection,and incorporate data and information into property,thusconstituting the criminal law on property crime regulation system.Second,from the point of view of data mining and utilization,the conditions of data acquisition and correct use of data are established.At present,with regard to the restriction of cybercrime,the current criminal law is regulating the computer crime in a non dynamic mode.However,in this era,large data is a data-centric dynamic processing model,but criminal legislation,judicial interpretation and judicial practice for the regulation of data crime is still the traditional way of thinking,although data security as the object of criminal law protection has been completely different from the past concept.In a word,the character of data crime regulation in our country's judicial practice,the spirit of judicial interpretation,has already tended to the network crime in the regulation of computer crime,which is also the need of realistic development.Two,the main concern of judicial interpretation lies in the safety of criminal law in cyberspace,not data.The three criminal perspectives still have limitations on the regulation of data crimes.For the new situation in reality and the expansion of data scope,it can only be dealt with by expanding the extension of data.The reason why it is necessary to protect data security in criminal law in the era of big data is that the information behind big data is extremely valuable to individuals,enterprises and countries.The data in the era of big data is not only data,but also the information contained in the data.Because of people's interest tendency and the lag of law,information generated by data manipulation and data manipulation will become number in the big data era.